EA, NCAA Video Game Likeness Class Action Settlement

Electronic Arts Inc., Collegiate Licensing Company and the National Collegiate Athletic Association have reached a class action settlement over allegations they violated student athletes’ rights by participating in the license, use and/or sale of their names, images and likenesses in EA’s NCAA-branded video games. If you were listed on the roster of an NCAA Division I men’s football or basketball team between May 4, 2003 and Sept. 3, 2014, you could be entitled to cash payments.

In 2009, Edward O’Bannon and Samuel Keller filed separate class action lawsuits alleging the defendants unlawfully required student athletes to sign away their publicity rights and then profited by using their names and likenesses in popular NCAA video games.

EA, CLC and the NCAA deny the allegations but agreed to settle the publicity rights class action lawsuits to avoid the expense and uncertainty of ongoing litigation. EA has agreed to pay $40 million and the NCAA has agreed to pay $20 million to resolve the allegations.

UPDATE: On Apr. 13, 2016, Top Class Actions readers started receiving checks from this settlement worth as much as $85.29.

Who’s Eligible

Class Members include anyone listed on the roster of an NCAA Division I men’s football or basketball team any time between May 4, 2003 and Sept. 3, 2014.

Potential Award

Varies. Payments to qualifying Class Members will be determined on a case-by-case basis. The factors that will be taken into consideration include how many years the Class Member played and the way the player’s likeness was used (or wasn’t used) in the NCAA video games. Each Class Member will be designated a certain number of points, which will determine how much of the settlement fund he will be entitled to receive.

Class Members are eligible to receive payments from both publicity rights class action settlements. If a Class Member does not qualify for any points, he will be entitled to receive $100 from each settlement he qualifies for.

The exact amount each qualifying Class Member will receive cannot be calculated until the class action settlement has been approved. The amount will also depend on how many Class Members submit valid claims.

Proof of Purchase

N/A

Register for Updates

Claim Form Deadline

7/2/2015

UPDATE: According to a post dated 3/11/15 on the Settlement Administrator’s website, claims are now being accepted. The deadline to file a claim is July 2, 2015.

The Claim Form is not yet available. For updates on when the Claim Form becomes available, you can register for updates on the NCAA video game settlement website.

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Case Name

Samuel Keller, et al. v. National Collegiate Athletic Association, et al., Case No. 4:09-cv-01967 and Edward O’Bannon, et al. v. National Collegiate Athletic Association, et al., Case No. 4:09-cv-03329, in the U.S. District Court for the Northern District of California

Final Hearing

5/14/2015

Settlement Website

www.NCAA-EA-Likeness-Settlement.com

Claims Administrator

Gilardi & Co. LLC

Class Counsel

HAUSFELD LLP
HAGENS BERMAN SOBOL SHAPIRO LLP
THE MCKENNA LAW FIRM LLC
LUM DRASCO & POSITAN LLC

Defense Counsel

N/A